Visible to the Court: How AI Is (and Isn't) Litigated in U.S. Federal Court Opinions
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Abstract (arXiv)
In the United States, artificial intelligence (AI) is rapidly deployed amid limited federal regulation. With courts become a recurring forum in which AI-related practices are scrutinized, it is important to empirically understand the AI litigation landscape to date. We address this gap through a systematic review of 559 U.S. federal court opinions in which AI plays a role in the parties' contentions, taxonomizing (1) common topics of dispute, (2) the AI technologies implicated, and (3) the parties involved, including common plaintiff and defendant types. We identify seven recurring dispute areas, six categories of AI technologies at the center of litigation, and four types of common litigants, alongside legal doctrines used by the litigants. A comparison of this taxonomy to the AI Incident Database revealed substantial gaps in coverage, definitions, and prevalence between documented and litigated harms, suggesting courts capture only part of the AI risk landscape. In addition, we found that court decisions primarily rely on pre-existing legal doctrines to manage AI rather than making new AI-specific laws, producing a form of "piecemeal" AI governance. As a result, federal court outcomes are shaped less by where AI has caused harms and more by which harms are cognizable under existing statutes, leading to certain AI harms remaining unresolved.
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References · 9
- 2020Preventing Repeated Real World AI Failures by Cataloging Incidents: The AI Incident Databasecited by 96
- 2024(A)I Am Not a Lawyer, But...: Engaging Legal Experts towards Responsible LLM Policies for Legal Advicecited by 63
- 2023Deepfakes, Phrenology, Surveillance, and More! A Taxonomy of AI Privacy Riskscited by 31
- 2018LexNLP: Natural language processing and information extraction for legal and regulatory textscited by 28
- 2025Pitfalls of Evidence-Based AI Policycited by 11
- 2024Automated Transparency: A Legal and Empirical Analysis of the Digital Services Act Transparency Databasecited by 7
- 2025Comparing Apples to Oranges: A Taxonomy for Navigating the Global Landscape of AI Regulationcited by 7
- 2022Regulating Facial Processing Technologies: Tensions Between Legal and Technical Considerations in the Application of Illinois BIPAcited by 5
- 2026Regulating AI: Where U.S. State Policy and HCI (Mis)aligncited by 1
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